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Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More 
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
the executor. I haven’t been appointed yet and want to resign from this. Too much hassle. Can I do this?
answered on Oct 29, 2024
You cannot be forced to be the executor. Make sure that you turn over the original will to the probate court and let the court know that you are declining the appointment as executor. If your friend's son is already in possession of the original will, let him know that you do not want to be... View More
The?
Property includes a house, 2 rental trailers, and a small shop on five acres. The widow who has a lifetime estate has a son not included in the estate that lives in one of the trailers.
answered on Oct 10, 2024
The new owner, those who are listed as the individuals who take ownership at the time of death of the life tenant, can enter immediately upon the death of the life tenant. These individuals are known as remaindermen in legal terminology. If there is a tenant or occupant of the property that was... View More
answered on Sep 14, 2024
It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More
answered on Sep 11, 2024
Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More
answered on Sep 5, 2024
An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a... View More
answered on Sep 11, 2024
In Georgia, introducing a prenup as evidence to a probated will isn't automatically a contest.
Will contest: Formal challenge to will validity (e.g., lack of capacity, undue influence)
Objection: Less formal concern about specific provisions of a will or administration... View More
I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More
answered on Sep 3, 2024
There is no monetary limit on a No Administration Necessary filing. The only requirements are:
1. All heirs must agree to the distribution of the assets of the estate.
2. There are no debts of the estate.
3. If there are debts of the estate all creditors have consented to... View More
answered on Sep 3, 2024
Yes, your mother's estate will be split according to the laws of intestacy. The split percentage depends on the number of children your mother had. If you are an only child, you and your father will each get 50%. If there were multiple children, your father will receive no less than 1/3 of the... View More
It is me being the youngest, my middle brother and my older brother, who is the executor over my mother's will
answered on Sep 2, 2024
The executor of an estate is generally entitled to compensation for their services. The amount of compensation is typically outlined in the will. If the will does not specify compensation, Georgia law allows the executor to receive a commission based on a percentage of the value of the... View More
The person in question had a key , and in front of two deputies, claimed she had some of her property in deceased's home.. and proceeded to fill three pick-up trucks with items removed from the home . Deceased has a will, yet to be addressed, isn't illegal to remove any items until any... View More
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answered on Sep 20, 2024
It is not illegal for a person to take property that belongs to him or her if that can be done without trespassing.
It is illegal, of course, for a person to steal from the estate, i.e. to take personal property that does not belong to him or her.
If this individual did steal from... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
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answered on Aug 22, 2024
Please note that I am not admitted to practice law in Georgia, but I found this information through a brief Google search, and the requirements in Georgia are similar to those in most states. In Georgia, for a will to be valid, it must meet specific requirements, such as being in writing, signed by... View More
I need my money which is not being dispersed and The fact that I need a lawyer to accomplish that makes it rather hard to pay him until I have what m hiring him for to begin with
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answered on Jun 8, 2024
I understand that you are in a difficult situation where you need to dissolve a trust and access your money, but you can't afford to pay a lawyer to help you do so unless you sue for breach of fiduciary duties. This is a complex legal issue that requires careful consideration. Here are a few... View More
Only two Heirs (sons), all debt has been paid
Does an attorney need to submit this form to Probate or can I, as Executor?
answered on Jun 5, 2024
You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.
Schedule a... View More
He barely meets living expenses so I'll not be repaid in monthly payments. He owns a home and has life insurance. He offered to list me as beneficiary on his life insurance or should we use his home? (he has adequate equity) What kind of legal document/letter do I need to ensure repayment... View More
answered on Jun 2, 2024
A written loan document giving you security in all that he owns and filing that in the records department of your court should do it. Naming you as a beneficiary of his life insurance will do it if the life insurance stays in full force.
Hello, my father has passed away. He has a vehicle that is being financed under his business name which is no longer active. Today I attempted to get the tags registered, however I couldn’t because the business is no longer registered. My mother was married to him and I am the son with the same... View More
answered on Jun 1, 2024
Unfortunately, if your father's estate has debts, property cannot be transferred out of his name without paying the debts. You can try using a T-20 form at the tag office. However, there is section of the T-20 form where you have to swear under oath that the estate has no debts.... View More
Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More
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answered on Apr 17, 2024
If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?
She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?
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answered on Mar 25, 2024
In your situation, considering the need to protect your mother's finances while she is in assisted living, setting up a trust might be the most secure option. A trust can provide clear instructions on how the funds should be used, specifically for your mother's care and well-being.... View More
She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?
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answered on Mar 21, 2024
If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More
The step-parent has living relatives: Mom and siblings
answered on Mar 13, 2024
The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.
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